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Town of Alma v. Azco Construction9/18/2000
ay be in direct conflict with commonly used construction contract clauses . . . and that there is a substantial statewide interest in ensuring that the policy underlying the efficient expenditure of public moneys is balanced with the policy of fostering a healthy and viable construction industry. ยง 24-91-101(2).
In light of the General Assembly's legislative declaration, it is evident that the term "civil action," as used in section 24-91-103.6(4), was not intended to be a restrictive limitation. AZCO moved for an award of attorney's fees under a remedy-granting provision of the contract and complied with all applicable requirements. Therefore, we conclude that section 29-1-110 does not prohibit the trial court from awarding attorney's fees against Petitioners.
III. CONCLUSION
In sum, we hold that the economic loss rule bars Petitioners' negligence claim against AZCO. In addition, we conclude that section 29-1-110 does not prohibit an award of attorney's fees against Petitioners. Therefore, we affirm the judgment of the court of appeals and remand for further proceedings consistent with this opinion.
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